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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 690   View pdf image (33K)
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690 * INDEX.

An answer may, by consent, be received

t is in most cases, better to decide on

without oath, and will be allowed to

the motion to dissolve the injunction

have full effect, as regards co-defen-

before an attachment for a breach of it,

dants, 285.

is disposed of, 102.

An answer on affirmation, before the re-

A person may be ordered to remove an

volution. — Gardner v. JDick, 277.

erection, which he has made in breach

An insufficient answer is as no answer ;

of an injunction, as a part of the pun-

and therefore, upon such default, the

ishment under an attachment, 102.

bill may be taken pro confesso, and a

^he mode of obtaining and proceeding

final decree passed. — Buckingham v.

upon an attachment for a breach of an

Peddicord, 447.

injunction. — Murdock's case, 486. _

A plaintiff not allowed to file new excep-

'ragmatic trespassers, pending an in-

tions, but must have the new answer

junction, may be made to remove

put to the test of those first filed, 459.

erections made by them on the pro-

A defendant permitted by a supplemen-

perty in controversy, 487.

tal answer, to explain equivocal ex-

A party taken under an attachment to

pressions, leaving the first answer to

enforce the payment of money, may

stand. — Murdock's case, 463.

be discharged by producing a release
under the insolvent law. — Andrews v.

APPEAL.

Scotton, 663.

A decree of the Court of Appeals sent to
the Court of Chancery to be executed,

AUDITOR.

cannot be there revised or modified

The auditor may be ordered to proceed

in any way whatever. — Crapster v.
Griffith, 23.

to state the account immediately, un-
less prevented by particular circum-

Where there is a reasonable doubt, in a

stances. — Crapster v. Griffith, 8.

caveat case, patents are allowed, so as

A case may, on good cause shewn by

in effect, to give the benefit of an ap-

affidavit, be remanded to the auditor,

peal.—The Rail Road v. Hoye, 263.

with leave to take further proof, 21.

Wnere the Court of Appeals remand the
case, or leaves any thing to be done

Where the case set forth in the bill, is
such as to entitle the plaintiff to relief,

by the Chancellor, the case should be

the court may have further inquiries

brought before the Chancellor by peti-
tion, with a copy of the decree of the

made by the auditor, so as to adapt the
relief to the peculiar nature of the case.

Court of Appeals. — Contee v. Dawson,

Townshend v. Duncan, 45; Tilly v.

305; Tyson v. Hollingsworth, 330.

Tilly, 444; Addison v. Bowie, 611 ;

An appeal bond, on the deciee being

Norwood v. Norwood., 477, 482.

affirmed, becomes thereby an addi-

The office, power, and duty of a master

tional security for the debt. — Andrews

in Chancery, in England, and of the

v. Scotton, 669.

auditor of this court. — Townshend v.

 

Duncan, 45.

ARBITRATION.

Auditor's fees under the provincial go-

No direction in a will, nor any agreement

vernment, 61, note.

to refer to arbitration, can oust the

Report under a decretal order to account.

courts of their jurisdiction. — Contee

Parker v. Mackall, 65.

v. Dawson, 275.

An exceptant ordered to pay a fine, for

Upon an award, returned under an order
referring the case to arbitration, there

the delay, on over-ruling his exceptions
to the auditor's report. — Woodward v.

may be a decree, 276.

Chapman, 71.

Arbitration or compromise, recommended

A commission to account with special

by the Chancellor. — Norwood v. Nor-

directions. — Sloss v. Mcllvane, 73.

wood, 478, 484.

An order directing certain persons to

This court never compels the performance

state an account. — Cheseldine v. Gor-

of an award, unless made oa a sub-

don, 81.

mission in court, 479.

A trustee having the profits of the estate

 

in his hands, ordered to pay the audi-

ATTACHMENT.

tor's fees. — Winder v. Diffenderffer,

A party may be arrested any where, and

176.

brought before the court under an at-

A witness or party, ordered to account.

tachment.— Crapster v. Griffith, 15.

may be summoned, and compelled to

When an attachment is in the nature oi

give evidence before the auditor. —

mesne process, the sheriff may take

Hammond v. Hammond, 310.

bail for the party's appearance; and
on a return cepi, he may be ordered to

Books and papers ordered to be produced
to, and lodged with the auditor. — Nor-

bring in the body; or he may sue on

wood v. Norwood, 477.

the bail bond. — Binney's case, 101 ;

In a creditor's suit, the auditor's report

Deakin's ease, 408.

may be at once confirmed, as to all



 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 690   View pdf image (33K)
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